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South Carolina Court of Appeals Rules in Favor of Town to Protect Maritime Forest
2.25.2026 Court Ruling
South Carolina Court of Appeals Hearing Regarding the Mediation Settlement Agreement
10.8.2025 Court Ruling
Circuit Court Ruling Against Mediation Settlement Agreement
1.30.23 Court Ruling
Bluestein v. Sullivan’s Island Mediation Settlement REVISED
3.16.21 Legal Terms
Bluestein v. Sullivan’s Island Mediation Settlement
10.02.20 Legal Terms
Bluestein v. Sullivan’s Island Mediation Settlement 10.02.20 Implications
Coastal Conservation League: Sullivan’s Island Maritime Forest
US Army Corp: Coastal Risk Reduction & Resilience
Lowcountry Land Trust Deed Plus Attachments
Maritime Forest Timeline
1989
Hurricane Hugo
On September 22, 1989, Hurricane Hugo made landfall at high tide on Sullivan’s Island, producing the highest storm tides ever recorded on the East Coast, with Bulls Bay reporting a 20-foot storm tide. A dozen people lost their lives on the Isle of Palms and Sullivan’s Island as Hugo destroyed or damaged some 10,000 homes and created more than $3 billion in damages.
1991
Accreted Land Protected
Sullivan’s Island entered into the key deed arrangement with the Lowcountry Open Land Trust (LOLT) for the accreted land on February 12, 1991, 17 months after Hurricane Hugo. The Town conveyed the land to LOLT, and LOLT conveyed it back to the Town subject to deed restrictions to preserve its natural state. This move was made after people saw dunes and vegetation on the Isle of Palms bulldozed for development purposes.
1991
2010
Bluestein vs Town of Sullivan’s Island
Two front-beach homeowners file a lawsuit agains the Town of Sullivan’s Island arguing that their property values were affected, that the forest was a nuisance harboring wild animals, and that their ocean views and breezes were obstructed. They claimed the Town was not managing the forest properly.
2018
SC Court of Appeals Rules for Town
After a decade of hearings through several courts, the South Carolina Court of Appeals sided with the Town.
2018
2020
SC Supreme Court Overturns Appeals Court Ruling
In 2020, the South Carolina Supreme Court reversed the Appeals Court’s ruling and recommended further proceedings, to clarify portions of the deed regarding forest management.
2020
Controversial Mediation Settlement
A controversial “mediation” settlement was passed by Town Council in October 2020, before the other litigation could play out. The mediation was announced on a zoom call during the COVID pandemic at 9am on a weekday. Hundreds of residents were upset at the radical cutting (up to 96% of trees and vegetation in some areas) placed into the settlement. The deal also sought to keep future Town Councils from changing it. Finally, it gave power to private homeowners that many argued belonged to elected officials, not private citizens.
2020
2021
SI for All is Formed
In response to the radical cutting proposed in the “mediation” settlement, a group of island residents formed Sullivan’s Island for All, a grassroots 501(c)(4) nonprofit. The mission of SI for All is to advocate for the maritime forest and to “Protect what Protects Us,” as the forest is a barrier to rising sea levels, hurricanes, and storm surge. The maritime forest is also home to wildlife habitat.
2021
New Council Elected
Within months of the “mediation” settlement, a new Town Council is elected in a record turnout.
2021
2022
Town Asks for Judicial Review of Settlement
In a 5-1 vote, in February, 2022, the Town Council agreed to hire an attorney to ask for a judicial review to see if any aspects of the mediation settlement are illegal under South Carolina law.
2023
Circuit Court Rules Against Mediation Settlement
On January 30, 2023, the Circuit Court ruled in favor of the Town of Sullivan’s Island’s request to invalidate the settlement agreement entered into by a previous Town Council, that would have allowed for the destruction of the Island’s unique Maritime Forest. The Court called the agreement “invalid and unenforceable” because it attempted to bind the hands of future town councils and gave power in perpetuity to a small group of private citizens to veto efforts of future Town Councils wanting to manage the Maritime Forest in the public’s best interest. The Court also ruled against the Defendant’s counterclaims.
2023
2023
Homeowners Appeal Ruling
On November 27, 2023, an appeal was filed by the same homeowners to overturn the Circuit Court ruling that threw out the “mediation” settlement.
2025
SC Court of Appeals Hears Case
Two years after the appeal was filed, the South Carolina Court of Appeals heard the case on October 8, 2025. A ruling is expected in early 2026.
2025
2026
SC Court of Appeals Rules in Favor of Town
On February 25, 2026, the SC Court of Appeals upheld a lower court ruling that found the 2020 settlement agreement invalid and unenforceable because among other issues, it involved the town’s legislative functions or governmental powers and because of the agreement’s “perpetual” duration.